IRS issues guidance on repayment of deferred payroll taxes

The Internal Revenue Service released information on how employees now have until the end of the year to repay any payroll taxes they deferred from last year.

The Internal Revenue Service released information on how employees now have until the end of the year to repay any payroll taxes they deferred from last year.

Former President Trump issued a presidential memorandum last August allowing Social Security taxes to be deferred for the rest of 2020, but under the order they had to be repaid by April 30, 2021. The coronavirus relief package that Congress passed last month extended the repayment period until the end of this year.

Relatively few companies actually implemented the payroll deferral for their employees because there was no guarantee that the deferred payroll taxes would ultimately be forgiven by Congress. However, federal employees and military service members were still required to accept the payroll tax deferral, meaning those taxpayers will be facing smaller paychecks later this year.

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Garret Gray

Garret Gray is the President of CoreLogic's Global Insurance Solutions Business. He leads a team of industry experts focused on building market-driven solutions that drive better customer outcomes throughout the property insurance ecosystem.

Prior to this, Gray was the founder and CEO of Next Gear Solutions, acquired by CoreLogic in September 2021. Next Gear is an industry-leading provider of claims workflow technology used by eight of the top ten US carriers. Next Gear restoration management solutions are used by four out of the top five contractor brands in addition to more than 10,000 contractors in North America.

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Shannon Shallcross

Shannon Shallcross is a Tedx speaker and has coached dozens of data and insurtech startups, advising Fortune 500 clients on analytics strategy as head of client management for a national health-tech company and co-founder of BetaXAnalytics, a company that pioneered emerging data science techniques using AI to remove the barriers to transparent and actionable data. She also spent 12 years with Amica Insurance running branch sales and service operations across the country. Currently, she is head of client services at Pinpoint.

Rachel Roney is an associate in the Dallas office of the Labor and Employment group at Hunton Andrews Kurth LLP.

In Notice 2021-11, the IRS on Tuesday explained how employers who deferred payroll taxes on behalf of their employees can withhold and pay the deferred taxes throughout 2021 instead of just within the first four months of the year.

The deferral applied to employees who were paid less than $4,000 every two weeks, or an equivalent amount for other pay periods, with each pay period considered separately. The taxes, which are technically called Old Age, Survivors and Disability Insurance, or OASDI, are calculated at 6.2 percent of employees’ wages.

Notice 2021-11 makes changes to last year’s Notice 2020-65 to reflect the extended payment period. Payments made by Jan. 3, 2022, will be considered to be timely because Dec. 31, 2021, is a legal holiday. However, any penalties, interest and additions to tax will now start to apply on Jan. 1, 2022, for any unpaid balances

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IRS headquarters in Washington, D.C.
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The IRS cautioned that employees could see their deferred taxes being collected immediately, so employees should check with their organization’s payroll point of contact on what their collection schedule will be.